Sahdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45919 of 2023 Arising Out of PS. Case No.-87 Year-2014 Thana- KURSAKANTA District- Araria ====================================================== 1.

SAHDEO PASWAN SON OF RAGHUBIR PASWAN RESIDENT OF VILLAGE- KARAIHIYA, P.S.- KURSAKANTA, DIST.- ARARIA 2.

MAHADEO PASWAN SON OF RAGHUBIR PASWAN R/O VILLAGEKARAIHIYA, P.S.- KURSAKANTA, DIST.- ARARIA 3.

RAJESH PASWAN SON OF MAHADEO PASWAN R/O VILLAGEKARAIHIYA, P.S.- KURSAKANTA, DIST.- ARARIA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 364 and 120(B)/34 of the Indian Penal Code.

3. In the nature of allegation as alleged in the FIR, the Court is not inclined to entertain the present anticipatory bail application as petitioners are named in the FIR and are alleged to have been instrumental in killing of the deceased, though the informant is not an eyewitness to the occurrence. Further, the case is of the year 2014 and the petitioners at their leisure have approached this Court in the year 2023 which further disentitles

Patna High Court CR. MISC. No.45919 of 2023(4) dt.12-03-2024 2/2 them from consideration, though it has been submitted by the learned counsel for the petitioners that similarly situated coaccused Binod Sah and Laxmi Devi have been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 08.01.2015 passed in Cr. Misc. No. 74 of 2015 but then the said accused persons had approached this Court in time.

4. At this stage, learned A.P.P. for the State also submits that since Binod Sah and Laxmi Devi had approached this Court seeking anticipatory bail, hence, it is presumed that even the petitioners were aware of the pendency of the anticipatory bail.

5. Accordingly, the prayer for anticipatory bail of the petitioners is rejected in connection with Kursakanta P.S. Case No. 87 of 2014 pending in the Court of learned Additional Chief Judicial Magistrate-I, Araria/successor Court. (Satyavrat Verma, J) Kundan/- U T